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Zeller v. Scafe

Court of Appeals of Missouri, Western District, Fourth Division

March 3, 2015

SABRINA ZELLER, Appellant,
v.
CAMERON SCAFE, Respondent

APPEAL FROM THE CIRCUIT COURT OF LAFAYETTE COUNTY. THE HONORABLE DENNIS A. ROLF, JUDGE.

Matthew J. O'Connor, Kansas City for appellant.

Jane A. Landrum, Overland Park, KS, Kevin E. Myers, Clayton, MO and John F. Cooney, St. Louis, for respondent.

BEFORE DIVISION FOUR: ALOK AHUJA, CHIEF JUDGE, PRESIDING, LISA WHITE HARDWICK, JUDGE AND ROBERT M. CLAYTON, III, SP. JUDGE. ALL CONCUR.

OPINION

Lisa White Hardwick, Judge

Page 504

Sabrina Zeller, plaintiff ad litem for her deceased son, Cody Turner, appeals the circuit court's judgment dismissing her claim of negligence per se against Cameron Scafe. We dismiss her appeal for lack of a final, appealable judgment.

Factual and Procedural History

Because this is an appeal from a dismissal for failure to state a claim, we assume the facts alleged in the petition to be true for purposes of this appeal. According to the petition, on May 12, 2012, Turner, Brian Beebe, Jr., and Kristen Kantner attended a " keg party" at Scafe's house in Oak Grove. At the party, Scafe knowingly allowed Beebe and other minors to drink or possess intoxicating liquor and knowingly failed to stop them from drinking or possessing intoxicating liquor. Beebe consumed alcohol throughout the night and into the morning.

At approximately 6:30 a.m., Turner, Beebe, and Kantner left the party in a Jeep Wrangler provided by Amy Greenstreet. Turner initially drove but became fatigued. Beebe then drove the car, and Turner moved to the console of the vehicle. While driving, Beebe failed to negotiate a curve, lost control of the vehicle, left the roadway, and struck an embankment. The vehicle overturned.

Turner was ejected from the vehicle and suffered a head injury, multiple skull fractures, and epidural and subdural hematomas. As Turner lay moaning and suffering at the crash site, Beebe panicked and fled the scene on foot. Beebe contacted his grandfather, Jerry Nussbaum, and asked him to pick him up. Nussbaum picked up Beebe. Meanwhile, Kantner called emergency services and ran to a nearby residence for help. Turner was air transported to a hospital, where he died.

In December 2012, Zeller filed a petition for damages for Turner's death. She asserted claims against Scafe, Kantner, Greenstreet, Beebe, and Nussbaum. Zeller subsequently settled her claims against Greenstreet, Beebe, and Nussbaum.

In August 2013, Zeller filed a first amended petition alleging claims against only Scafe (for negligence per se ) and Kantner (for negligence and for wrongful death). Scafe and Kantner ...


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